2003 Wisconsin Act 118

4. No material injury will result to the riparian rights of any riparian owners on any body of water affected will result, the department shall issue a permit authorizing the enlargement of the affected waterways of real property that abuts any water body that is affected by the activity.

118,102 Section 102. 30.19 (4) (a) of the statutes is created to read:

30.19 (4) (a) For activities that are not exempt under sub. (1m) and that are not subject to a general permit under sub. (3r), a person may apply to the department for an individual permit in order to engage in an activity for which a permit is required under sub. (1g).

118,103 Section 103. 30.19 (4) (b) of the statutes is created to read:

30.19 (4) (b) The notice and hearing provisions of s. 30.208 (3) to (5) apply to an application under par. (a).

118,104 Section 104. 30.19 (4) (c) 1. of the statutes is created to read:

30.19 (4) (c) 1. The activity will not be detrimental to the public interest.

118,105 Section 105. 30.19 (5) of the statutes is amended to read:

30.19 (5) Conditions of permit Requirement for public access. The A permit issued under this section to construct an artificial water body and to connect it to a navigable waterway shall provide that all require that the navigable portion of the artificial waterways constructed under this section which are connected to navigable waterways shall be water body be a public waterways waterway if the connecting portion is navigable. The department may impose such further conditions in the permit on public access as it finds reasonably necessary to protect public health, safety, welfare, rights and interest and to protect private rights and property.

118,106 Section 106. 30.195 (1) of the statutes is amended to read:

30.195 (1) Permit required. No Unless a permit has been issued under this section or authorization has been granted by the legislature, no person may change the course of or straighten a navigable stream without a permit issued under this section or without otherwise being expressly authorized by statute to do so.

118,107 Section 107. 30.195 (2) of the statutes is repealed and recreated to read:

30.195 (2) Individual permits. (a) A riparian owner shall apply to the department for an individual permit in order to engage in activities for which a permit is required under sub. (1).

(b) The notice and hearing provisions of s. 30.208 (3) to (5) apply to an application under par. (a).

118,108 Section 108. 30.195 (3) (title) of the statutes is repealed.

118,109 Section 109. 30.195 (3) of the statutes is renumbered 30.195 (2) (c) and amended to read:

30.195 (2) (c) Upon application therefor, the The department shall grant a issue an individual permit to the applied for under this section to a riparian owner if the department determines that all of the following apply:

1. The applicant is the owner of any land to change the course of or straighten a upon which the change in course or straightening of the navigable stream on such land, if such will occur.

2. The proposed change of course or straightening of the navigable stream will improve the economic or aesthetic value of the owner's applicant's land and will.

3. The proposed change of course or straightening of the navigable stream will not adversely affect the flood flow capacity of the stream or otherwise be detrimental to public rights or the public interest.

4. The proposed change of course or straightening of the navigable stream will not be detrimental to the rights of other riparians riparian owners located on the stream. If the department finds that the rights of such riparians will be adversely affected, it may grant the permit only with their consent. Such permit may be granted on the department's own motion after its own investigation or after public hearing and after giving prior notice of such investigation or hearing or all of these riparian owners have consented to the issuance of the permit.

118,110 Section 110. 30.196 (intro.) of the statutes is amended to read:

30.196 Enclosure of navigable waters; issuance of permits to municipalities. (intro.) A municipality may enclose navigable waters by directing, placing or restricting navigable waters into an enclosed drain, conduit, storm sewer or similar structure if the department grants the municipality a an individual permit. The department may grant this permit to a municipality after following the notice and hearing requirements under s. 30.02 (3) and (4) 30.208 (3) to (5) if it finds that granting the permit:

118,111 Section 111. 30.20 (1) (title) of the statutes is repealed and recreated to read:

30.20 (1) (title) Permits or contracts required.

118,112 Section 112. 30.20 (1) (a) of the statutes is amended to read:

30.20 (1) (a) No Unless a contract has been entered into with the department under sub. (2) (a) or (b) or authorization has been granted by the legislature, no person may remove any material from the bed of any a natural navigable lake or from the bed of any outlying waters of this state without first obtaining a contract as provided in sub. (2).

118,113 Section 113. 30.20 (1) (b) of the statutes is amended to read:

30.20 (1) (b) Except as provided under pars. (c) and (d), Unless an individual or a general permit has been issued by the department under this section or authorization has been granted by the legislature, no person may remove any material from the bed of any lake or navigable stream that is not mentioned described under par. (a) without first obtaining a permit from the department under sub. (2) (c).

118,114 Section 114. 30.20 (1) (c) 1. and 2. of the statutes are consolidated, renumbered 30.20 (1g) (a) 1. and amended to read:

30.20 (1g) (a) 1. Except as provided under subd. 2., a person may remove A removal of material from the bed of a farm drainage ditch which was not a navigable stream before ditching. 2. The department may require a permit under sub. (2) (c) for a removal under subd. 1. only if it is exempt from the individual and general permit requirements under this section unless the department finds that the proposed removal may have a long-term adverse effect on cold-water fishery resources or may destroy fish spawning beds or nursery areas.

118,115 Section 115. 30.20 (1) (c) 3. of the statutes is renumbered 30.20 (1g) (a) 2.

118,116 Section 116. 30.20 (1) (d) of the statutes is renumbered 30.20 (1g) (c) and amended to read:

30.20 (1g) (c) The A removal of material by the drainage board for the Duck Creek Drainage District may, without a permit under sub. (2) (c), remove material from a drain that the board operates in the Duck Creek Drainage District is exempt from the individual and general permit requirements under this section if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

118,117 Section 117. 30.20 (1g) (title) and (b) of the statutes are created to read:

30.20 (1g) (title) Exemptions.

(b) A removal of material is exempt from the permit and contract requirements under this section if the material does not contain hazardous substances, the material is not being removed from an area of special natural resource interest, and if any of the following applies:

1. The removal is the amount necessary to place or maintain a structure that is exempt from any permitting requirements in this chapter.

2. The removal is by hand or by hand-held devices without the use or aid of external or auxiliary power.

118,118 Section 118. 30.20 (1k) of the statutes is created to read:

30.20 (1k) Rules. (a) The department may promulgate rules concerning the exempt activities under sub. (1g) that only do any of the following:

1. Establish reasonable procedures for undertaking the removal of material to minimize environmental impacts.

2. Establish reasonable limitations on the location of the removal of material at the site affected by the activity.

(b) Notwithstanding par. (a), the rules under par. (a) 1. may not establish procedures that prohibit undertaking the removal of material or that render the undertaking of the removal of material economically cost-prohibitive.

118,119 Section 119. 30.20 (1m) of the statutes is created to read:

30.20 (1m) Permits or contracts in lieu of exemptions. The department may decide to require that a person engaged in an activity that is exempt under sub. (1g) apply for an individual permit or contract, or seek authorization under a general permit if the department has conducted an investigation and visited the site of the activity and has determined that conditions specific to the site require restrictions on the activity in order to prevent any of the following:

(a) Significant adverse impacts to the public rights and interests.

(b) Environmental pollution, as defined in s. 299.01 (4).

(c) Material injury to the riparian rights of any riparian owner.

118,120 Section 120. 30.20 (1r) of the statutes is created to read:

30.20 (1r) Exemption determinations. (a) A person may submit to the department a written statement requesting that the department determine whether a proposed activity is exempt under sub. (1g). The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.

(b) The department shall do all of the following within 15 days after receipt of a statement under par. (a):

1. Enter and inspect the site on which the activity is located, subject to s. 30.291, if the department determines such an inspection is necessary.

2. Make a determination as to whether the activity is exempt.

3. Notify in writing the person submitting the statement of which general permit or individual permit will be required, or whether a contract will be required, if the department determines that the activity is not exempt.

(c) If the department does not take action under par. (b), the department may not require at any time that the person proposing to engage in the activity apply for an individual permit, seek authorization under a general permit, or apply to enter a contract unless required to do so by a court or hearing examiner.

(d) If a statement under par. (a) is not given or if the statement does not give consent to inspect, the 15-day time limit under par. (b) does not apply.

118,121 Section 121. 30.20 (1t) of the statutes is created to read:

30.20 (1t) General permits. (a) The department shall issue statewide general permits under s. 30.206 that authorize any person to remove material for maintenance purposes from an area from which material has been previously removed.

(am) No person may be authorized to proceed under a general permit issued under par. (a) unless the person has demonstrated to the department that material has been previously removed from the area for which the person has requested authorization to proceed.

(b) The department may promulgate rules that specify other types of removals, in addition to the one listed in par. (a), that may be authorized by statewide general permits.

118,122 Section 122. 30.20 (2) (title) of the statutes is amended to read:

30.20 (2) (title) Contracts for removal and individual permits.

118,123 Section 123. 30.20 (2) (a) and (b) of the statutes are amended to read:

30.20 (2) (a) The department, whenever consistent with public rights, may enter into contracts a contract on behalf of the state for the removal and lease or sale of any material from the bed of any navigable lake or of any of the outlying waters, and for the lease or sale of the material. Every if the contract is consistent with public rights. A person seeking to enter into such a contract shall apply to the department. Each contract entered into under this paragraph shall contain such any conditions as may be that the department determines are necessary for the protection of the public interest and the interests of the state and. Each contract entered into under this paragraph shall also fix the amount of compensation to be paid to the state for the material so to be removed, except that no the contract may not require that any compensation may be paid for the material if the contract is with a municipality as defined in s. 281.01 (6) and the material is to be used for a municipal purpose and not for resale. No if the material will not be resold. Each contract entered into under this paragraph may not run for a longer period more than 5 years. The department may allow one extension of a contract entered into under this paragraph, upon application to the department. The extension shall be for the same period as the original contract.

(b) The department, whenever consistent with public rights, may enter into contracts a contract on behalf of the state for the removal and lease or sale of any mineral, ore and, or other material from beneath the bed of a navigable lakes and waters, where the waters would water that the state may own if the contract will be consistent with public rights and if the navigable water will not be disturbed in the removal operation and for the lease and sale of such mineral, material and ore and provide the necessary regulations for all acts incident thereto. Every such. A person seeking to enter into such a contract shall apply to the department. Each contract entered into under this paragraph shall contain such any conditions as may be that the department determines are necessary for the protection of the public interest and the interests interest of the state, and. Each contract entered into under this paragraph shall also fix the compensation to be paid to the state for the material, mineral and ore so mineral, ore, or other material to be removed. No Each contract entered into, pursuant to under this paragraph, shall may not run for a longer period more than 75 years. Should any doubt exist as to whether the state, in fact, owns such lake bed or stream bed such contract or lease shall be for such interests, if any, as the state may own. Title to the royalties to be paid when mining operations are begun shall be determined at such future time as royalties for ores so sold are paid or are due and payable.

118,124 Section 124. 30.20 (2) (bn) of the statutes is created to read:

30.20 (2) (bn) For a removal that is not exempt under sub. (1g) and that is not subject to a general permit under sub. (1t), a person may apply to the department for an individual permit that is required under sub. (1) (b) in order to remove material from the bed of any lake or stream not described under sub. (1) (a).

118,125 Section 125. 30.20 (2) (c) of the statutes is amended to read:

30.20 (2) (c) A permit to remove material from the bed of any lake or stream not included in sub. (1) (a) may be issued by the department if it The department shall issue an individual permit pursuant to an application under par. (bn) if the department finds that the issuance of such a the permit will be consistent with the public interest in the water involved. A permit or contract issued under this paragraph may be issued for up to 10 years if the applicant notifies the department at least 30 days before removing any material lake or stream.

118,126 Section 126. 30.20 (2) (d) of the statutes is created to read:

30.20 (2) (d) If an applicant for a permit under par. (bn) submits the application at least 30 days before the proposed date of the removal, the department may issue the permit for a period of up to 10 years. The department may allow one extension of a permit issued under this paragraph, upon application to the department. The extension shall be for the same period of time as the original permit.

118,127 Section 127. 30.20 (2) (e) of the statutes is created to read:

30.20 (2) (e) The notice and hearing provisions of s. 30.208 (3) to (5) apply to an application for a permit or contract under this subsection.

118,128 Section 128. 30.201 of the statutes is created to read:

30.201 Financial assurance for nonmetallic mining. (1) If the department requires that financial assurance be provided as a condition for a permit under s. 30.19, 30.195, or 30.20 or for a contract under s. 30.20 for nonmetallic mining and reclamation, the financial assurance may be a bond or alternative financial assurance. An alternative financial assurance may include cash or any of the following:

(a) A certificate of deposit.

(b) An irrevocable letter of credit.

(c) An irrevocable trust.

(d) An escrow account.

(e) A government security.

(f) Any other demonstration of financial responsibility.

(2) Any interest earned by the financial assurance shall be paid to the person operating the nonmetallic mining or reclamation project.

118,129 Section 129. 30.2022 (title) of the statutes is created to read:

30.2022 (title) Activities of department of transportation.

118,130 Section 130. 30.2026 (2) (d) of the statutes is amended to read:

30.2026 (2) (d) The village of Belleville shall create any artificial barrier under this section in compliance with all state laws that relate to navigable bodies of water, except s. 30.12 (1) and (2).

118,131 Section 131. 30.2026 (3) (a) of the statutes is amended to read:

30.2026 (3) (a) The village of Belleville shall maintain any artificial barrier created as authorized under sub. (1). If a landowner of more than 500 feet of Lake Belle View shoreline, a portion of which is located within 1,000 feet of any such artificial barrier, is dissatisfied with the manner in which the village of Belleville is maintaining the barrier, the owner may maintain the barrier in lieu of the village, upon approval of the department. The village or a landowner who maintains the barrier shall comply with all state laws that relate to navigable bodies of water, except s. 30.12 (1) and (2). The department may require the village of Belleville or the landowner to maintain the barrier in a structurally and functionally adequate condition.